Journal

Is spousal support tax deductible?

Unlike child support, spousal support is tax deductible to the spouse paying it (only those payments made after a court order is in place are tax deductible), and the spouse collecting it must claim the amount received in any given tax year as taxable income.

What other factors does the court use to determine spousal support?

At the “permanent” stage of a case, meaning after a final Judgment of separation or divorce has been entered, the court must consider certain statutory factors in deciding (1) what amount of spousal support to order, if any; and (2) the duration (how many months or years) of the order. The court considers factors such…

What other factors may the court use to determine spousal support?

At the “temporary” stage of a case, meaning from the time the divorce or separation case is filed up until the time a final Judgment is entered, the court often uses the support guideline (see discussion on child support for guideline factors) to determine what amount of spousal support should be paid.

How does the court determine spousal support?

Spousal support is a discretionary order, meaning the court has great freedom in determining what amount of support, if any, should be paid in a particular case, and for how long spousal support should be paid.